The KJ Law Firm, located in Montgomery, Alabama, offers legal assistance for those considering an uncontested divorce.
If you and your spouse have come to the decision that your marriage isn’t working, divorce might be inevitable.
Even if your split is amicable, it may be advisable to seek the representation of a divorce attorney.
What’s an Uncontested Divorce?
In the sense that it’s rare for two parties to be in total agreement, no divorce is truly “uncontested.”
Whatever the disputes are between you and your spouse, they don’t always have to be resolved in court. That’s what is meant by “uncontested” – a divorce where spouses agree to its terms without going to trial.
This type of divorce is legally called an uncontested divorce.
It means that you agree on everything, so there’s no need to have a judge step in and divide assets or determine fault.
It may be simpler than going to court, but you should still consider speaking with a legal expert to make sure everything is handled correctly.
Uncontested Divorce Lawyer
Kristine Jones is a family lawyer in Alabama.
After graduating from Faulkner University, Thomas Goode Jones School of Law ⤤, she founded The KJ Law Firm in downtown Montgomery.
Kristine will help you with each step of the uncontested divorce process, including:
- Preparation of legal documents
- Helping you understand the terms of the Divorce Settlement Agreement, or DSA
- Filing paperwork with the proper court
- and more…
Ask a Lawyer
Kristine is an active participant on Ask a Lawyer, an online forum provided by Justia®.
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Here’s a recent question she answered:
For an uncontested divorce in Jefferson County, is the judge required to either sign off or respond within a certain period of time?
To read Kristine’s answer on Justia®, click here ⤤
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Free Q & A with Attorneys
Kristine also shares her legal knowledge on Free Q&A with Attorneys, an online resource provided by Avvo®.
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Regarding grounds for a no-fault divorce, an Avvo® member asked:
Do I have rights to files for a divorce case in Alabama ?
To read Kristine’s response on Avvo®, click here ⤤
To read all of her answers to questions posted on Free Q&A with Attorneys, click here ⤤
Contested vs. Uncontested Divorce
Successful negotiation is not about getting to ‘yes’; it’s about mastering ‘no’ and understanding what the path to an agreement is.
The process of divorce involves resolution of several issues, including:
- Division of property
- Equitable distribution of marital assets
- Division of debt
- Alimony payments (spousal support)
- Concerning any children:
- Custody of child
- Visitation rights of the spouse
- Amount of child support
When a divorce is contested, you and your spouse often end up fighting over every single possession and asset.
Contested divorce typically involves, or leads to:
- Complex issues
- High financial stakes
- Technical legal procedures
When litigating a contested divorce, experienced legal counsel is usually a necessity if an attorney represents one spouse or there are challenging economic or business issues.
Going to court can require a considerable investment of time and money and wear you down emotionally. Seeking the advice of a divorce lawyer may be a wise move.
An uncontested divorce, also referred to as a “simple,” “no contest,” or “no-fault” divorce, is an opportunity to avoid the undesirable elements associated with a contested divorce.
An uncontested divorce is an option when you and your spouse agree about:
- How property and debt will be divided
- Custody issues affecting any children
- Payment of spousal/child support
By bypassing a potentially lengthy litigation and trial process, an uncontested divorce offers many advantages, including:
- Saves money: Uncontested divorces are less expensive
- Saves time: When uncontested, the divorce process is streamlined and moves more quickly through the courts
- Less stressful: Unlike a contested divorce, you don’t have to worry about providing evidence or calling witnesses
- Reduces hostility: An uncontested divorce typically allows both parties to resume their lives more quickly
- Easier on the child: A no contest divorce helps minimize the negative impact of marital breakdown on your children
All you have to do is file paperwork.
That’s why it’s so important to enlist the services of a qualified Alabama lawyer. You want to make sure everything is in order and filed as it should be.
Otherwise, you may defeat the purpose of pursuing the uncontested option.
Eligibility for Uncontested Divorce
To file an uncontested divorce in Alabama, you need to meet three (3) criteria:
- One spouse must have lived in Alabama for six (6) months or more before filing the paperwork.
- You must both be available and willing to sign the divorce paperwork.
- Both spouses must agree to every part of the divorce.
Finalizing an Uncontested Divorce
If both parties are in agreement, all you need is to have the paperwork drafted, signed, and filed.
Once that’s done, you wait thirty (30) days.
If there aren’t any issues with the paperwork, the judge then signs off on it, and your divorce is final.
Do you have questions about, or need help with, an uncontested divorce in Alabama?
Contact Kristie Jones, Attorney-at-Law with The KJ Law Firm for more information about our legal services related to uncontested divorce.
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